Order of The State Council of the People's Republic of China

No. 561

The Regulations on the Prevention and Control of Marine Environmental Pollution by Ships, which were adopted at the 79th Executive Meeting of The State Council on September 2, 2009, are hereby promulgated and shall come into force as of March 1, 2010.

Premier Wen Jiabao

September 9, 2009

Chapter I General Provisions

Article 1. These Regulations are formulated in accordance with the Marine Environmental Protection Law of the People's Republic of China for the purpose of preventing and controlling pollution of the Marine environment by ships and their related operations.

Article 2 These Regulations shall apply to the prevention and control of pollution of sea areas under the jurisdiction of the People's Republic of China by ships and their relevant operations.

Article 3 Prevention and control of pollution of the Marine environment by ships and their related operations shall be carried out in accordance with the principle of putting prevention first and combining prevention and control.

Article 4 The competent transport department under The State Council shall be in charge of the prevention and control of pollution by non-military vessels in the waters of port areas and non-fishing and non-military vessels outside the waters of port areas.

The maritime administrative authorities shall, in accordance with the provisions of these Regulations, be specifically responsible for the supervision and administration of the prevention and control of pollution of the Marine environment by ships and their relevant operations.

Article 5 The competent transport department under The State Council shall, in light of the need for prevention and control of pollution of the Marine environment by ships and their relevant operations, organize the formulation of a plan for emergency capacity building for prevention and control of pollution of the Marine environment by ships and their relevant operations, which shall be promulgated and implemented after approval by The State Council.

The local people's governments of coastal cities divided into districts or above shall, in accordance with the plans for emergency capacity building for preventing and controlling pollution of the Marine environment by ships and their relevant operations approved by The State Council, organize the formulation of corresponding plans for emergency capacity building for preventing and controlling pollution of the Marine environment by ships and their relevant operations in light of the actual conditions of their respective areas.

Article 6 The competent transport department under The State Council and the local people's governments of cities divided into coastal districts or above shall establish and improve the emergency response mechanism for preventing and controlling pollution of the Marine environment by ships and their relevant operations, and formulate emergency preplans for preventing and controlling pollution of the Marine environment by ships and their relevant operations.

Article 7 Maritime administrative authorities shall, in accordance with the requirements of preventing and controlling pollution of the Marine environment by ships and their relevant operations, establish and improve, in conjunction with the competent departments of Marine affairs, a monitoring and surveillance mechanism for pollution of the Marine environment by ships and their relevant operations, and strengthen monitoring and surveillance of pollution of the Marine environment by ships and their relevant operations.

Article 8 The competent department of transport under The State Council and the local people's governments of cities divided into districts in coastal areas or above shall, in accordance with the plan for emergency capacity building for prevention and control of pollution of the Marine environment by ships and their related operations, set up specialized emergency teams and emergency equipment libraries and equip them with special facilities, equipment and materials.

Article 9 Any unit or individual that discovers that a ship or its related operations have caused or may cause pollution to the Marine environment shall immediately report to the nearest maritime administrative authority.

Chapter II General Provisions on Prevention and control of pollution of the Marine Environment by Ships and their related Operations

Article 10 The structure, equipment and materials of ships shall conform to the State technical norms for the prevention and control of pollution by ships of the Marine environment and the requirements of the international treaties concluded or acceded to by the People's Republic of China.

Vessels shall, in accordance with laws, administrative regulations, provisions of the competent transport department under The State Council and the requirements of the international treaties concluded or acceded to by the People's Republic of China, obtain and carry on board the vessels corresponding certificates and instruments for the prevention and control of pollution by ships of the Marine environment.

Article 11 The owners, managers or managers of vessels of Chinese nationality shall, in accordance with the provisions of the competent transport department under The State Council, establish and improve a management system for the safe operation and prevention and control of pollution from ships.

The maritime administrative authority shall examine the management system for safe operation and prevention and control of pollution from ships, and if it passes the examination, issue a certificate of conformity and an appropriate ship safety management certificate.

Article 12 Ports, wharves, loading and unloading stations and units engaged in ship repair shall be equipped with pollution monitoring facilities and pollutant receiving facilities commensurate with the types of cargo they load and unload, their handling capacity or their ship repair capacity, and shall keep them in good condition.

Article 13 Ports, docks, loading and unloading stations and units engaged in ship repair, salvage and dismantling shall formulate a management system for safe operation and prevention and control of pollution, equip themselves with appropriate equipment and materials for prevention and control of pollution in accordance with the state norms and standards for prevention and control of Marine environment pollution by ships and their related operations, and pass the special acceptance examination by the maritime administrative authorities.

Ports, docks, loading and unloading stations, as well as units engaged in ship repair, salvage and dismantling, shall regularly inspect and maintain the equipment and materials for preventing and controlling pollution to ensure that such equipment and materials meet the requirements for preventing and controlling pollution of the Marine environment by ships and their related operations.

Article 14 Shipowners, operators or managers and relevant operating units shall work out emergency preplans for preventing and controlling pollution of the Marine environment by ships and their related operations and submit them to the maritime administrative authorities for approval.

The operators of ports, docks and loading and unloading stations shall formulate emergency preplans for the prevention and control of pollution of the Marine environment by ships and their related operations and submit them to the maritime administrative authorities for the record.

Vessels, ports, docks, loading and unloading stations and other relevant operating units shall, in accordance with the emergency plan, organize exercises on a regular basis and keep corresponding records.

Chapter III Discharge and Reception of pollutants from Ships

Article 15 Vessel refuse, domestic sewage, oily sewage, sewage containing toxic or harmful substances, waste gas and other pollutants as well as ballast water discharged by vessels into the sea areas under the jurisdiction of the People's Republic of China shall meet the requirements of laws, administrative regulations, international treaties concluded or acceded to by the People's Republic of China and the relevant standards.

The ship shall discharge the pollutants that do not meet the discharge requirements specified in the preceding paragraph into the port receiving facilities or be received by the ship's pollutant receiving unit.

Ships may not discharge pollutants from ships into Marine nature reserves, coastal scenic spots or historic sites designated according to law, important fishing waters and other sea areas requiring special protection.

Article 16 The disposal of pollutants by a ship shall be faithfully recorded in the corresponding record books.

The ship shall keep on board the ship a garbage record book which has been used up for two years; A record book of used oily sewage and sewage containing toxic and harmful substances shall be kept on board the ship for 3 years.

Article 17 The receiving units of pollutants from ships shall obtain the approval of the maritime administrative authorities in accordance with law when they engage in receiving operations of refuse, residual oil, oily sewage and sewage containing toxic or harmful substances from ships.

Article 18 The receiving unit for pollutants from ships shall issue to the ship a receipt of pollutants, which shall be confirmed by the master's signature.

The ship shall apply to the maritime administrative authority for the certificate of receipt of pollutants by the certificate of receipt of pollutants, and keep the certificate of receipt of pollutants in the corresponding record book.

Article 19 The receiving units of pollutants from ships shall deal with the pollutants from ships they have received in accordance with the State regulations on the treatment of pollutants, and report the receipt and treatment of pollutants from ships to the maritime administrative authorities on a monthly basis for the record.

Chapter IV Prevention and Control of pollution in relevant operational activities of ships

Article 20 Those engaged in ship tank cleaning, tank washing, oil supply and delivery, loading and unloading, transfer, repair, salvage and disassembling, packing and filling tanks of hazardous pollution goods, pollution removal operations and using the ship for construction on water and underwater shall observe the relevant operating rules and take necessary measures for safety and pollution prevention and control.

The personnel engaged in the operations mentioned in the preceding paragraph shall possess the professional knowledge and skills related to safety and pollution prevention.

Article 21 Vessels that fail to meet the requirements for carrying hazardous pollution goods may not carry such goods, and wharves and loading and unloading stations may not carry out loading operations for such goods.

The catalogue of hazardous pollution goods shall be published by the state maritime administrative agency.

Article 22 The carrier, owner or agent of a ship carrying hazardous pollution goods entering or leaving a port shall file an application with the maritime administrative authority, and may enter or leave a port, stay in transit or carry out loading or unloading operations upon approval.

Article 23 Vessels carrying hazardous pollution goods shall conduct loading and unloading operations at wharves and loading and unloading stations that have appropriate capacity for safe loading and unloading and pollutant treatment as announced by the maritime administrative authority.

Article 24 When the owner or agent of the goods delivers to a ship to carry pollution hazardous goods, he shall ensure that the packaging and marking of the goods conform to the relevant provisions on safety and pollution prevention and control, and shall accurately indicate the technical name, serial number, class (nature), quantity, precautions and emergency measures of the goods on the transport documents.

Where the owner or agent of the goods delivers the goods to a ship carrying the pollution hazard of which is unknown, the hazard assessment shall be carried out by an assessment institution designated by the State maritime administrative authority, and the nature of the hazard and the requirements for safety and prevention of pollution shall be clarified before the goods are delivered to the ship for carrying.

Article 25 Where the maritime administrative authority considers that the pollution hazardous goods carried by the delivery vessel should be declared but fails to do so, or the contents of the declaration are not in accordance with the actual situation, it may, in accordance with the provisions of the competent transport authority under The State Council, conduct inspection by means of unpacking the goods.

When the maritime administrative organ examines the goods with hazardous pollution, the owner or agent of the goods shall be present and responsible for moving the goods and opening and resealing the packages of the goods. The maritime administrative authority may, if it deems necessary, conduct inspection, reinspection or take samples at its discretion, and the units and individuals concerned shall cooperate.

Article 26 The carrier, owner or agent of a ship engaged in the transshipment of goods hazardous to liquid pollution in bulk shall file an application with the maritime administrative authority, inform the place of operation, and attach such materials as the transshipment operation plan, operation procedure and pollution prevention and control measures.

The maritime administrative authority shall, within 2 working days from the date of accepting the application, make a decision on granting or disapproving the permit. If a decision cannot be made within 2 working days, it may be extended by 5 working days upon approval of the person in charge of the maritime administrative agency.

Article 27 Units that have obtained qualifications for supplying and receiving ship's oil materials according to law shall file with the maritime administrative authority for the record. The maritime administrative authority shall supervise and inspect the vessels' oil materials for operation and shall stop them if it finds that they do not meet the requirements for safety and prevention and control of pollution.

Article 28 The ship's fuel oil supplier shall fill in the fuel oil supply documents truthfully and provide the ship with the fuel oil supply documents and fuel oil samples.

Vessels and fuel oil suppliers shall keep fuel oil supply documents for three years and fuel oil samples for one year.

Article 29 The locations for repairing and disassembling vessels on water shall conform to the environmental function zoning and Marine function zoning, and shall be determined and announced by the maritime administrative authorities after consulting the opinions of the local competent departments of environmental protection and Marine affairs.

Article 30 Prior to the dismantlement operation, the unit engaged in ship dismantling shall dispose of the remains and wastes on board the ship, barge out the oil storage in the oil tanks (tanks), and carry out the ship's tank cleaning, tank cleaning and explosion detection, etc. Only after the ship is checked to be qualified by the maritime administrative authority can the ship be dismantled.

The unit engaged in ship dismantling shall clean up the site of ship dismantling in time and dispose of the pollutants resulting from ship dismantling in accordance with the relevant provisions of the State.

It is prohibited to carry out ship dismantling operations by means of beach flushing.

Article 31 The transfer of hazardous waste by ships through the internal waters and territorial seas of the People's Republic of China is prohibited.

Where hazardous waste is transferred through other sea areas under the jurisdiction of the People's Republic of China, written consent shall be obtained in advance from the competent department of environmental protection under The State Council, the vessel shall sail along the routes designated by the maritime administrative authority and report its position at regular intervals.

Article 32 Whoever uses a vessel to dump wastes into the sea shall submit a document of approval from the competent Marine department to the maritime administrative authority at the place where the vessel sails out of the port.

When a ship dumps wastes into the sea, it shall truthfully record the dumping. After returning to the port, it shall submit a written report to the maritime administrative authority at the place where it left the port.

Article 33. The operators of ships carrying hazardous liquid pollution goods in bulk and other ships with a gross tonnage of more than 10,000 tons shall, before their operations or their entry and exit from ports, sign pollution removal agreements with units that have obtained qualifications for pollution removal operations, specifying the rights and obligations of both parties for pollution removal after a ship pollution accident.

The pollution decontamination unit that has concluded the pollution decontamination agreement with the ship operator shall, upon the occurrence of a pollution accident from the ship, conduct the pollution decontamination operation in a timely manner in accordance with the pollution decontamination agreement.

Article 34 A unit that applies for qualifications for pollution removal operations shall submit a written application to the maritime administrative agency and submit materials that meet the following requirements:

(1) The pollution removal facilities, equipment, materials and personnel provided shall conform to the provisions of the competent transport department under The State Council;

(2) the pollution removal operation plan formulated conforms to the requirements for preventing and controlling pollution of the Marine environment by ships and their related operation activities;

(3) The plans for the treatment of pollutants shall comply with the relevant State provisions for the prevention and control of pollution.

The maritime administrative authority shall, within 30 working days from the date of accepting the application, complete the examination and issue qualification certificates to the units that meet the conditions. If the applicant does not meet the requirements, he shall notify the applicant in writing and explain the reasons.

Chapter V Emergency treatment of Ship pollution Accidents

Article 35 "Pollution accidents of ships" as mentioned in these Regulations means pollution accidents of the Marine environment caused by the leakage of oil, oil mixtures and other toxic or harmful substances from ships and their relevant operations.

Article 36 Pollution accidents of ships shall be classified into the following classes:

(1) Especially serious pollution accidents from ships refer to those which spill more than 1,000 tons of oil or cause direct economic losses of more than 200 million yuan;

(2) Major pollution accidents from ships refer to pollution accidents from ships that spill more than 500 tons of oil but less than 1,000 tons, or cause direct economic losses of more than 100 million yuan but less than 200 million yuan;

(3) Major pollution accidents from ships refer to pollution accidents from ships that spill more than 100 tons of oil but less than 500 tons, or cause direct economic losses of more than 50 million yuan and less than 100 million yuan;

(4) General pollution accidents from ships refer to those in which oil spills less than 100 tons or direct economic losses are less than 50 million yuan.

Article 37 Where a vessel is involved in a pollution accident in the sea areas under the jurisdiction of the People's Republic of China, or where a pollution accident outside the sea areas under the jurisdiction of the People's Republic of China has caused or is likely to cause pollution in the sea areas under the jurisdiction of the People's Republic of China, it shall immediately initiate the corresponding emergency preplan, take measures to control and eliminate the pollution, and report to the relevant maritime administrative authority at the nearest location.

Where it is discovered that the ship and its related operations may cause pollution to the Marine environment, the ship, dock or loading and unloading station shall immediately take corresponding emergency measures and report to the relevant maritime administrative authority at the nearest location.

The maritime administrative organ which has received the report shall immediately verify the relevant situation and report to the maritime administrative organ at a higher level or the competent transport department under The State Council, as well as to the relevant local people's government of a coastal city divided into districts or above.

Article 38 A report on a ship's pollution accident shall include the following:

(1) the name, nationality, call sign or serial number of the ship;

(2) the name and address of the owner, operator or manager of the ship;

(3) the time and place of the accident and relevant meteorological and hydrological information;

(4) the cause of the accident or the preliminary judgment of the cause of the accident;

(5) General information on the types, quantities and loading positions of pollutants on board the ship;

(6) the degree of pollution;

(7) the pollution control and removal measures taken or to be taken, the situation concerning pollution control, and the requirements for salvage;

(8) Other matters subject to reporting as stipulated by the competent transport department under The State Council.

Where new circumstances arise after the report on a ship pollution accident has been made, the ship and the unit concerned shall make a supplementary report in time.

Article 39 In case of a particularly serious pollution accident from ships, The State Council or the competent transport department authorized by The State Council shall establish an accident emergency response plan